Disney Sues DeSantis and Florida! 🐭 Walt Disney Parks and Resorts U.S., Inc. v. DESANTIS et al N.D. Florida

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Disney Sues DeSantis and Florida! 🐭 Walt Disney Parks and Resorts U.S., Inc. v. DESANTIS et al N.D. Florida

#1

Post by Luke »

Go Mickey! Don't screw with The Mouse or Bob Iger.

Walt Disney Parks and Resorts U.S., Inc. v. DESANTIS et al
Complaint (77 pages): https://www.courtlistener.com/docket/67 ... -desantis/
Docket: https://www.courtlistener.com/docket/67 ... -desantis/ (added to https://www.protopage.com/birthers, four docket entries so far)

Trumpers should be on Disney's side, right? Since it's about FREE SPEECH.
2. A targeted campaign of government retaliation—orchestrated at every step by Governor DeSantis as punishment for Disney’s protected speech—now threatens Disney’s business operations, jeopardizes its economic future in the region, and violates its constitutional rights.
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Disney sues Florida Gov. Ron DeSantis over control of self-governing district
The entertainment giant alleges that DeSantis "orchestrated" a retaliation campaign as "punishment for Disney’s protected speech."
By Daniel Arkin

The Walt Disney Company on Wednesday filed a lawsuit in federal court against Florida Gov. Ron DeSantis and other state officials alleging a "targeted campaign of government retaliation," according to a statement from the entertainment giant.

Disney and DeSantis have been embroiled in a feud over Disney World's self-governing privileges in the Orlando area, which the governor and possible GOP presidential contender has threatened to revoke.

The conflict started when Disney, under former CEO Bob Chapek, criticized the Florida government for a state education law opponents have dubbed the "Don't Say Gay" bill. DeSantis signed the bill into law in March 2022.

Disney's lawsuit alleges that the a retaliation campaign was "orchestrated at every step by Governor DeSantis as punishment for Disney’s protected speech" and "now threatens Disney’s business operations, jeopardizes its economic future in the region, and violates its constitutional rights."
https://www.nbcnews.com/business/busine ... d_bn_tw_bn

Disney Sues DeSantis Over Control of Its Florida Resort
The company claimed “a targeted campaign of government retaliation,” which it said stemmed from its criticism of a contentious state education law.
By Brooks Barnes April 26, 2023 Updated 12:01 p.m. ET

The fight between Gov. Ron DeSantis of Florida and the Walt Disney Company is headed to court.

On Wednesday, a board appointed by Mr. DeSantis to oversee government services at Disney World voted to nullify two agreements that gave Disney vast control over expansion at the 25,000-acre resort complex. Within minutes, Disney sued Mr. DeSantis, the five-member board and other state officials in federal court, claiming “a targeted campaign of government retaliation.”

Last year, under pressure from its employees, Disney criticized a Florida education law labeled “Don’t Say Gay” by opponents and halted political donations in the state — and landed in the cross hairs of Mr. DeSantis, who put a plan in motion to revoke Disney World’s self-governing privileges. Disney’s lawsuit accused Mr. DeSantis of a “relentless campaign to weaponize government power against Disney in retaliation for expressing a political viewpoint.” The campaign, the complaint added, “now threatens Disney’s business operations, jeopardizes its economic future in the region and violates its constitutional rights.”

A spokeswoman for Mr. DeSantis had no immediate comment.

At the center of the fight between Mr. DeSantis and Disney is a special tax district that encompasses Disney World, which employs 75,000 people and attracts 50 million visitors annually. The district, created in 1967 southwest of Orlando, effectively turned the property into its own county, giving Disney unusual control over fire protection, policing, waste management, energy generation, road maintenance, bond issuance and development planning.

In February, lawmakers decided to allow the governor to appoint an oversight board for the district in an attempt to curtail the company’s autonomy. The state previously allowed Disney, Florida’s largest taxpayer, to select the board members.

Before the new board was in place, however, Disney pushed through the agreements in early February — in public meetings advertised in The Orlando Sentinel. One of the agreements gives Disney the ability to build 14,000 additional hotel rooms, a fifth theme park and three smaller parks. The other restricts the use of abutting land; no strip clubs, for instance.

When the DeSantis appointees reported for duty last month, they were outraged to discover that the previous, Disney-controlled board had approved the development agreement and restrictive covenants, limiting the new board’s power for decades to come.

Mr. DeSantis — a leading Republican presidential contender although he has not officially declared that he is running — also reacted with fury. He suggested a variety of potential punitive actions against Disney, including reappraising the value of the resort for property tax levies and developing land near the entrances to the resort. “Maybe create a state park, maybe try to do more amusement parks — someone even said, like, maybe you need another state prison,” he said at an April 17 news conference.

He also said that an effort was underway to give the state new authority over ride safety inspections at Disney World, as well as its 15-mile monorail transportation system, which carries an estimated 150,000 passengers a day.

The nullification vote by the board came after its general counsel, Daniel Langley, presented evidence of what he called “self-dealing” and “procedural unconscionability” by Disney in pushing through the agreements earlier this year. Mr. Langley and another board lawyer said Disney violated Florida law in multiple ways, including by failing to fully notify the public of the actions it took.

“What they created is an absolute legal mess,” Martin Garcia, the board chairman, said of Disney during the meeting.

Disney’s lawsuit called the board’s action “patently retaliatory, patently anti-business and patently unconstitutional.”

Daniel M. Petrocelli, a high-powered Los Angeles litigator, filed the complaints on Disney’s behalf in United States District Court in Tallahassee. Mr. Petrocelli was the lawyer who former President Donald J. Trump turned to in 2016 when dealing with a class-action fraud case against the defunct Trump University.

Robert A. Iger, Disney’s chief executive, has characterized Mr. DeSantis as “anti-business” and “anti-Florida” for his actions. Mr. Iger has also signaled that future investment in Disney World could be at risk if the governor continued to use Disney as a political punching bag; the company has earmarked more than $17 billion in spending at the resort over the next decade, growth that would create an estimated 13,000 jobs at the company.

Disney paid and collected a total of $1.2 billion in state and local taxes in 2022, according to company disclosures.

“A company has a right to freedom of speech just like individuals do,” Mr. Iger said at Disney’s annual shareholder meeting this month. “The governor got very angry over the position Disney took and seems like he’s decided to retaliate against us, including the naming of a new board to oversee the property, in effect to seek to punish a company for its exercise of a constitutional right. And that just seems really wrong to me.”
https://www.nytimes.com/2023/04/26/busi ... ticleShare

CNBC: https://www.cnbc.com/2023/04/26/disney- ... iness.html
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Breaking: Disney Sues DeSantis and Florida! 🐭

#2

Post by Kendra »

@RonFilipkowski
Just in case anyone was wondering, except for the ever-shrinking handful of Desantis cultists and right-wing twitter trolls, NOBODY in FL - Republicans, Democrats, Independents - men, women, children - wants this war with Disney.
@RonFilipkowski
Ron Desantis rolls into Israel and the UK as an American governor who just got sued by Disney. Really boosts his standing on the international stage. He can explain to them that woke had to die, so all of this was terribly necessary to the people of FL. What a fool.
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Disney Sues DeSantis and Florida! 🐭 Walt Disney Parks and Resorts U.S., Inc. v. DESANTIS et al N.D. Florida

#3

Post by AndyinPA »

Another nail in his coffin. He's got to run in 2024. By 2028, his wreckage will be visible for all to see.
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Disney Sues DeSantis and Florida! 🐭 Walt Disney Parks and Resorts U.S., Inc. v. DESANTIS et al N.D. Florida

#4

Post by Foggy »

:bar:
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Disney Sues DeSantis and Florida! 🐭 Walt Disney Parks and Resorts U.S., Inc. v. DESANTIS et al N.D. Florida

#5

Post by Luke »

Major paragraph in #DisneyVDesantis: "Disney also knows that it is fortunate to have the resources to take a stand against the State’s retaliation—when the State comes after them for expressing their own views. In America, the government cannot punish you for speaking your mind."

..."fortunate to have the resources" = We're going to sue you blind.


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Get ready for your summons, Ronald.

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Disney Sues DeSantis and Florida! 🐭 Walt Disney Parks and Resorts U.S., Inc. v. DESANTIS et al N.D. Florida

#6

Post by neonzx »

I've been predicting this for awhile. F*ck around and Find Out.

The sad part is the state (which means us taxpayers) is going to pay for DeSantis' defense.
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#7

Post by Slim Cognito »

And it probably won’t be the last time.
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Disney Sues DeSantis and Florida! 🐭 Walt Disney Parks and Resorts U.S., Inc. v. DESANTIS et al N.D. Florida

#8

Post by RTH10260 »

I wonder if the Desantis supporters on the Central Florida Tourism Oversight District ever thought they need to lawyer up when they agreed to take the job.

Fun fact: Disney will indirectly be paying their attorney representation.
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Disney Sues DeSantis and Florida! 🐭 Walt Disney Parks and Resorts U.S., Inc. v. DESANTIS et al N.D. Florida

#9

Post by bob »

Getting into the weeds a bit, today the tourism board adopted a resolution saying all contracts with Disney were void. That's what pushed Disney over the edge.

Unlike Klayman (or the Brunsons), Disney isn't asking for any money.* Just an injunction against this resolution (and related Florida laws) and an acknowledgment the contracts are still valid.


* Other than attorney's fees, which will be a pretty penny.
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#10

Post by raison de arizona »

bob wrote: Wed Apr 26, 2023 4:08 pm Getting into the weeds a bit, today the tourism board adopted a resolution saying all contracts with Disney were void. That's what pushed Disney over the edge.

Unlike Klayman (or the Brunsons), Disney isn't asking for any money.* Just an injunction against this resolution (and related Florida laws) and an acknowledgment the contracts are still valid.


* Other than attorney's fees, which will be a pretty penny.
Who would ever do business with the tourism board if they can simply adopt a resolution saying contracts entered into are void? I'm not going to quote the dictionary, but I'm pretty sure a contract is enforceable by a court. That's what makes it a contract and not just shooting the breeze.
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Disney Sues DeSantis and Florida! 🐭 Walt Disney Parks and Resorts U.S., Inc. v. DESANTIS et al N.D. Florida

#11

Post by chancery »

https://twitter.com/ElieNYC/status/1651265577418371072
Elie Mystal
@ElieNYC

I obviously support Disney over Ron DeSantis and think that his weaponization of state resources against Disney for criticizing Florida's bigotry is a point and click violation of Disney's free speech.

BUT...
12:42 PM · Apr 26, 2023

My progressivism prevents me from going to the mattresses for a company that has carved out a fiefdom (magic fiefdom? magic kingdom?) that is essentially immune to local and state government control and oversight.

Essentially, Disney got to pick its own "government" oversight board. WHICH IS WRONG. And then DeSantis changed it because he hates gay people. WHICH IS ALSO WRONG.

DeSantis is MORE wrong because he's motivated by bigotry and pettiness, but you see my problem here.

Anyway... I hope Disney wins but don't ask me to think about it too much. :)
:yeahthat:
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Disney Sues DeSantis and Florida! 🐭 Walt Disney Parks and Resorts U.S., Inc. v. DESANTIS et al N.D. Florida

#12

Post by Luke »

Respectfully, I don't think that's accurate. Disney is still subject to Florida law. They own 87% of the land in RCID and Florida granted them the special district status in 1967 (there are tons of them, The Villages is also a special district). This is really a Contract dispute with a First Amendment kicker.
168. Just as in other long-term development contracts in other special districts, the Contracts here involve land-use rights and obligations, not sovereign or police powers that special districts are legally barred from delegating. The Contracts establish Disney’s rights concerning use of its own property and, as expressly authorized by RCID’s charter, restrict CFTOD from using its own property for non-public purposes that interfere with Disney’s development of its property.

171. CFTOD’s decision to abrogate the Contracts completely, rather than pursue modification of whatever provisions CFTOD claims to be unlawful, underscores its motivation to punish Disney for its political speech rather than to operate as a good-faith counterparty in the continued development of the District.
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Disney Sues DeSantis and Florida! 🐭 Walt Disney Parks and Resorts U.S., Inc. v. DESANTIS et al N.D. Florida

#13

Post by bill_g »

Karnac says "The only death sentence DeathSantis will be signing is his own."

How do you say bye-bye in Floridian?
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#14

Post by chancery »

orlylicious wrote: Thu Apr 27, 2023 1:07 am Respectfully, I don't think that's accurate. Disney is still subject to Florida law. They own 87% of the land in RCID and Florida granted them the special district status in 1967 (there are tons of them, The Villages is also a special district). This is really a Contract dispute with a First Amendment kicker.
Sure, but special districts are ripe for abuse, precisely because they do indeed immunize the districts from broad swathes of regulation and oversight. The potential for abuse tends to scale with size, and Disney is big.

I do agree that Disney seems to have a strong Contracts Clause claim.
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#15

Post by Slim Cognito »

If one reads much from Carl Hiaasen, one is not a big fan of Disney. But if I have to choose between Disney and DeSantis, the mouse wins.
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#16

Post by chancery »

:like:

I've only read Skinny Dip, which I thought was pretty good.
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Disney Sues DeSantis and Florida! 🐭 Walt Disney Parks and Resorts U.S., Inc. v. DESANTIS et al N.D. Florida

#17

Post by Chilidog »

Native Tongue is the amusement park one.
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#18

Post by somerset »

Reading Squeeze Me, I thought Hiaasen's caricature of tfg was a little over the top. But shortly after that he held some function at Merde-a-lago where he was even worse.

A fun read ;)
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Disney Sues DeSantis and Florida! 🐭 Walt Disney Parks and Resorts U.S., Inc. v. DESANTIS et al N.D. Florida

#19

Post by pipistrelle »

Slim Cognito wrote: Thu Apr 27, 2023 11:55 am If one reads much from Carl Hiaasen, one is not a big fan of Disney. But if I have to choose between Disney and DeSantis, the mouse wins.
I dislike Disney for various reasons, but that's where I am.
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#20

Post by Phoenix520 »

My sister, through no fault of her own, works for Disney now.
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#21

Post by Slim Cognito »

My favorite ex sister-in-law’s (gay) son performed at DisneyWorld for years and loved it. He eventually moved in to bigger/better things but has fond memories.

Fuck DeSantis.
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#22

Post by raison de arizona »

Phoenix520 wrote: Fri Apr 28, 2023 10:45 am My sister, through no fault of her own, works for Disney now.
That happened to my mother-in-law as well. Nice benefits though!
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Disney Sues DeSantis and Florida! 🐭 Walt Disney Parks and Resorts U.S., Inc. v. DESANTIS et al N.D. Florida

#23

Post by Kendra »


Translation: “I think it’s f*cking nuts and my constituents hate it but I’m pretty damn terrified of mini-Mussolini in the ill-fitting suits, platform heels and bad hair dye, so I just won’t talk about it.”
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Asked if the @GovRonDeSantis @WaltDisneyWorld feud has gone too far, Senate President @Kathleen4SWFL said, "That's a political statement. I'm not involved in politics. I just want to do good policy."
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#24

Post by AndyinPA »

:brickwallsmall:
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Disney Sues DeSantis and Florida! 🐭 Walt Disney Parks and Resorts U.S., Inc. v. DESANTIS et al N.D. Florida

#25

Post by Jim »

So, when does discovery start?
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